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bigmoney wrote:Point Taken. I have been studying the codes more while I'm still waiting, but I also think beyond just what the law states. For instance, if I were to have just one drink in me, and were forced to use force against someone, what kind of effect is that going to have on a grand jury or civil jury? There may be certain allowances in the law regarding the alcohol and guns, but does that mean that I'd be scott free at the end of the ordeal? I think it's still just a better idea to leave the alcohol alone period when carrying. Laws or not, I just don't see any good coming from it.

There's no question that not drinking at all is the safest course of action for both carrying and driving. In your example though, I don't think that your having had a drink would ever come into question in the grand jury. They are looking at the facts of the case to determine whether it was a justified shooting. You could be undeniably intoxicated and still have a justified shooting.

bigmoney wrote:My instructor heavily stressed that there is absolutely no minimum limit for a CHL While carrying. And that If you choose to carry and are suspected of haveing a drink(whether or not you're intoxicated) that it was cause to draw blood for a BAC over a breathalizer. So according to his suggestions, lock that puppy up somewhere in your vehicle so that there is absolutely no doubt that it is not on or about or accessible by you at all. So essentially, what I got out of it, was even having one drink While carrying was cause enough for unwanted trouble. And in today's society, with all these restrictions and laws, drinking anywhere outside your home just isn't worth it anymore.

Unfortunately, you can't accept everything a CHL instructor says at face value. If I hadn't spoken up in my CHL class, everyone would have thought its illegal to carry in a church or hospital. I believe everyone with a CHL should become familiar with the relavent laws independently of the CHL class. The mere fact you had a drink would not be cause enough to do a forced blood draw unless the officer had other reasons to suspect you're intoxicated.

It's technically valid to say there is no minimum limit for a BAC level while carrying, but the exact same thing is true for driving. The .08 limit for driving doesn't mean you can't be arrested, or even found guilty of being intoxicated for having less. It's also true that just as in driving, you're not guilty of carrying while intoxicated just because you have *any* alcohol in your system. The way the definition is written, it makes it much more difficult to prove you were intoxicated if you have less than a .08 BAC.

texasjeep44 wrote:

PENAL CODE
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

Sec. 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
(3) "Motor vehicle" has the meaning assigned by Section 32.34(a).

That one little "OR" has great meaning. There is no legal limit of intoxication for CHL in Texas. For one person it could be .01 for another it could be .1.

You don't have to meet the criteria in "B", you can be found intoxicated by "A" alone.

But the same is true for driving intoxicated as well. You don't have to be at .08 for an officer to arrest you for DWI if he thinks you're intoxicated.

What they said, plus I'll also point out that the ability to carry a gun in a motor vehicle without a CHL has nothing to do with a vehicle being an extension of your home or what's known as the Castle Doctrine.

It was the Motorist Protection Act that amended PC46.02 to allow carrying a gun in a vehicle you own or control. It removed the undefined traveling exception we had previously.

Brian